Cedar Nordbye v. University of Memphis

Syllabus

The University of Memphis initiated termination proceedings against a tenured facultymember. An administrative hearing was held before a panel comprised of four othertenured faculty members. The panel issued a report in which the majority of its membersfound that the university had not proven adequate cause for the faculty member'stermination. The report and a record of the hearing were provided to the university'spresident, who disagreed and signed a letter terminating the faculty member. The facultymember sought review of the termination in the Shelby County Chancery Court. Thechancery court held that the university president did not have authority to issue a decisioncontradictory to that of the faculty panel. The chancery court also held that the factscontained in the record did not amount to clear and convincing evidence of adequate causefor termination and ordered the faculty member be reinstated with backpay. The universityappeals. We reverse and remand for entry of an order consistent with this opinion.